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> If you had said © 2010-2023 But couldn't someone copy my site and change the starting year to earlier, like © 1998-2023? Then my lawyers would still need to

> If you had said © 2010-2023 But couldn't someone copy my site and change the starting year to earlier, like © 1998-2023? Then my lawyers would still need to explain archive.org to the jury. Even then, I have a feeling that archive.org is not evidence of anything. (Well, may be enough to convince a jury.) For that matter, the content of any website - or even anything digital - seems like flimsy evidence to support historical fact, since it can be changed at any time. Perhaps this is where someone mentions the blockchain as "immutable proof".

jjk166 4y ago
Well the real solution if you want to actually utilize copyright protections is to register the work. This creates a dated government record. In the US (which is admittedly a bit of an oddball), to file a copyright infringement suit, you need to have a registered copyright. No one can get a registered copyright on your work if you've already got one (well they might be able to get one if there is a clerical error but it would definitely be dated after yours). Without a registered copyright you can still defend yourself from an infringement suit by showing your work predates theirs, but you can't really go on the offensive. You can send cease and desist letters but that's about it. You can't collect statutory damages or attorney's fees. In most other countries a registration will at least create the presumption of authorship, meaning the other party is obligated to prove their work came first. But yeah, putting the year on the copyright notice does nothing.
- dahart 4y ago
  TIL! I didn’t know registration was required in order to seek damages. That sounds suspiciously like a loophole that means the US doesn’t quite meet the Berne convention, no? Or we adhere to the letter of the convention but not the spirit? Looking around, I like how a lot of countries have no voluntary procedure for registering copyright, that seems more in line with the intent behind Berne.

jjk166 4y ago

Well the real solution if you want to actually utilize copyright protections is to register the work. This creates a dated government record. In the US (which is admittedly a bit of an oddball), to file a copyright infringement suit, you need to have a registered copyright. No one can get a registered copyright on your work if you've already got one (well they might be able to get one if there is a clerical error but it would definitely be dated after yours). Without a registered copyright you can still defend yourself from an infringement suit by showing your work predates theirs, but you can't really go on the offensive. You can send cease and desist letters but that's about it. You can't collect statutory damages or attorney's fees. In most other countries a registration will at least create the presumption of authorship, meaning the other party is obligated to prove their work came first. But yeah, putting the year on the copyright notice does nothing.

dahart 4y ago
TIL! I didn’t know registration was required in order to seek damages. That sounds suspiciously like a loophole that means the US doesn’t quite meet the Berne convention, no? Or we adhere to the letter of the convention but not the spirit? Looking around, I like how a lot of countries have no voluntary procedure for registering copyright, that seems more in line with the intent behind Berne.